People v. Murray CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The information charged defendant with attempted murder, assault with a deadly weapon, driving under the influence causing injury, driving under the influence, and hit and run causing injury. (Pen. Code, §§ 664/187, subd. (a), 245, subd. (a)(1); Veh. Code, §§ 23153, subds. (a) & (b), 20001, subd. (a)(1).) (Statutory section citations that follow

1 are found in the Penal Code unless otherwise stated.) It also alleged several circumstances in aggravation and various enhancements including, as relevant here, that defendant inflicted great bodily injury on his victim. (§ 12022.7, subd. (a).) While the victim was riding his motorcycle, he came up behind defendant driving his car slowly and erratically, cutting corners, and using the entire road. The victim passed the defendant when it was safe to do so and without interacting with defendant. Shortly thereafter the victim felt the impact of defendant’s car on the back of his motorcycle twice. These impacts caused the victim to lose control and crash into a tree. Defendant drove away. The victim was able to crawl to his mobile phone and call 911. The victim sustained a lacerated liver, internal…